The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-07-23
THE GAZETTE" LIBEL CASE.
Evidence. Arguments mat summing
up The AccnNFd Acquired.

Al the supreme Court yesterday. before
/ Mr. Justice Preston the case Of Rex. ".
I Alatau T. Atkinson came up for hearing.
/ defendant was charged with having.
Julv lSt in an extra number OF the " Ha-
! ,gaiisn Gazette intending L. iniure the
fame and reputation and good name Of
( Frank : Pratt Registrar of Public Ac-
/ counts. naliciOu>ly and falsely published
/ and PM into circulation false. scandal
/ Gus. malicious and defamatory libel, con
/ tanned in an article headed More Stealing
J of Public Documents" Defendant pleaded
/ not guilty.
! The indictment was signed by the Attor-
I ney General who relegated the case for
/ the Crown to Hon Paul Neumann, Mr.. f.
/ NJ Hatch and Mr.. W A Whiting Hon. :
/ y. Dole appeared for the defense.
The jury cmrano}led consisted OF A. !.
( Cartwright, Jr. W. F.. II. Deverell. l.. Way,
/ T. j. King Henry Davis, q. &. Strate-
/ meyer II. Gum, : Roth, +. y. TennF. {.
/ J. Fishel ". G. Peacock and II w. Morse,
I Mir. K. j. Creighton had been called, but
/ asked To be excused on the ground that he
/ had formed Il very decided opinion ia re-
gard To the case, and he, together with
I Mr.. r. c. Porter was accordingly ex-
! cuSed.
The first witness for the Crown was
G. .. Berger, merchant. who testified To
having purchased 4 copy OF the paper con
tanning the libel at the store of J. II.
Soper
J. H. S"ler, StatOnec ami bookseller, |
identified copy OF the paper. some OF
which were on sale at his store. He re-
ceiyed them from the ''Gazet;e" office
H. " Whitney, publisher OF the Ca
zette." stated that the extra issue
in question was the first pub |
lishcd since he had been con |
uected with the office. 4. f. Atkinson |
was the editor; his business was 10 take !
charge of the editorial department. but /
sometimes things were published without !
his seeing them. His duties were to write [
editorials and take general supervision of /
the reading matter. Witness was not
aware that any contradiction or explana-
ton OF the matter complained OF had been
published The '{aze,te" was the prop
erty OF an Incorporated company. Char
ter produced. Witness was Jointly re
sponSible with the editor for what Was pub
lished
Mr.. Whitil@ drew witness attention To
several i>suc~ at me "Gazette" in which
defendants nuutr so, given a editor. and
asked by wh"-c authority this was done.
Witness rerlct jhat he did not know it
needed any authority. The extra was
under the same management a5 the Ca
zette."
BY Mr.. Dole-ln the absence OF the edi-
tor witness was himself responsible. De
PENDANT did not come to the office until
after the paper was published, but witness
remained there until after, though he did
not see the libel complained OF until after
publication. 1t was not handed TO him
for approval. HIS eyes were weak, and ne
could not attend to the duties OF the office. |
Mr.. DoIe--Do you not remember the re-
porter coming to you and suggesting |
further investigation in thi, matter?
WitnesS-I said To the reporter that
hack 80 was reported 10 have taken some
documents away. and it would be vel To
inquire what the facts were. I knew he ;
was preparing an item about il.
Mr.. Neumann wished TO introduce Il
letter written by Mr. Whitney
and published in the Bulletin" His mo- ,
i've was to show that the statement in the ;
Gazette" was untrue.
Mr.. Dole objected Mr.. Whitney was
present, and could make a statement as to
he truth or otherwise OF the article. =
Mr.. Neumann said it would be an adj
mission that it was untrue
His Honor did not see any reason to put =.
t in.
Frank S. Pratt testified to his long resi- J
Ience in the Islands, and denied having at o
my time taken any public documents Oh. of y
he Government Building, as alleged the :
rtCle nor had he caused such to he lie -
vered to any hackman. He had never +,
Numbered any documents which might q,
brow light upon any shady TRANSACTIONS ~
+ the past and never had any such docu- n
lents in his possession. either in his ca / -
acity as a public officer or as 9 private IN ~
ividual. The article complained OF was nj
ntrue in every particular. Witness had W
lends and relatives in the East. His at II
,ntiOn was first called to the article by a 81
lend on the day it was published--the day If
re steamer left. He Immediately closed ! n,
is office. went to SopeI : and bought q -,
lper. read the article, took it to Mr.. "
atchs Office and instructed the latter to d.
Ike action upon ii. "
BY Mr.. DOle-The day of the mass meet re
e June 30th) was the monthly pay day ~
the Government Building ON return Ill
e from lunch that day was Notified that al
e offices were to be closed. 1t that time tn
ld all his work 10 write up Mr.. Walker al
Id him that the Rifle Company were Ia
harding the building, and le then felt ne
cure. Went aud sat on the veranda and ca
'Oke to some OF the officers Ct the Rifles vi
lille sitting there, there va. some indi- In
ition OF rush, and le thought pI
lat some mob was coming into the fl
lilding. He then went through It
e hall and while there saw an express be
agon. Witness asked the fellow what he In
a. doing there. The hackman replied II
lat he had some papers of h,anoa : and IN
illness paid no more attention to him co
lOrty afterwards started e 20 to the &C
ass meeting, hut met some friends ana ( ".
Il not 20. Passing through the hall after 70
: return he met SimonSon. one al The Of ~iI
'erS OF the Rifles who said witness could rif
Ike anything away. Witness replied thar rh
> had nothing TO remove yyas all locked of
,. Did not see any one put t1e papers i'm il
e wagon Did not observe that the tat
lperS were i'll any container. They were
the front seat. Bidn't see the wagon ! nj,
i've away. Witness remembered an in i've
ryiPW with dpfcndapt'. ar.,r,,s.,. M -